First Choice says I'm too late to cancel my holiday - but that's only because it took two days to confirm the booking

I recently booked an all inclusive holiday to the Maldives for myself, my husband and my children of 11 and 13 at the First Choice branch in the Asda superstore in Gravesend.

We're going for two weeks next August and the price the agent gave us was £16,910.00. There was a £600 deposit, which we paid at the time.

We made the booking in the branch on Saturday but the lady explained that it would not be confirmed until Monday because the resort we are going only has a small number of the apartment we want, and she needed to check on availability.

No choice: First Choice said small print allowed it to keep deposits if cancellations are made after 24 hours.

She left a message on Monday to confirm the booking. After she called I searched the internet and found a company who would do the exact, like-for-like, holiday for £15,500 - Kenwood Travel. It was £900 cheaper than we had paid, although our price was cheaper than the price quoted on the First Choice website.

I called the next day and explained I had found the holiday cheaper and asked if our price could be discounted.

She said she would look at offering half price insurance or fee airport parking, but I said that wouldn't interest us and we would need to cancel as £900 was an awful lot of money.

She said she would come back to me.

She rang to say there was a 24 hour cancellation policy, so we could not cancel without losing our £600 deposit.

I said that, as we did not have the holiday confirmed until Monday and I spoke to her on Tuesday, I was still within the cancellation period. But they have not allowed us to cancel.

More...

Ed Monk, This is Money news editor, replied:When you book a holiday in the branch of a travel agent, the law leaves little room to cancel if you change your mind.

It's rightly up to the buyer to be aware of the deal they make when they sign. There is no good reason why customers
should be able to reverse a transaction simply because they have found
the same thing cheaper somewhere else.

So any opportunity to cancel will depend on your travel agent's terms and conditions.

As you found, First Choice allows cancellations within 24 hours but not after that unless you give up your deposit, which in your case is a hefty £600. So the question is whether First Choice's delay in confirming your holiday means you were, after all, within the 24-hour window.

The irony is, had you booked the same holiday for cheaper online you would have also enjoyed a longer seven-day cooling off period in which to change your mind. That's because online sales are covered by 'distance selling' regulations that give you more protection on sales that are not made face to face, such as on the internet.

I contacted First Choice about your case. It acknowledged that some details of your booking were not confirmed until the Monday, and that it's possible they would have had to change the booking if those details could not be confirmed.

But despite this, the company said the small print in their contract means they don't have to let you cancel because you signed and paid the deposit on the Saturday. In effect, they left themselves room to cancel the booking if they were unable to deliver the holiday, but will not let you cancel on them unless you pay £600.

The company says its actions are covered by the small print and is within the law. Without challenging them in the small claims court, there is no sure way of knowing.

As the alternative holiday you found was some £900 cheaper, it would still have been worth your while to cancel the First Choice booking, pay £600, and rebook the cheaper deal.

However, First Choice has said it will reduce your price by £300. This at least saves you the hassle of re-booking, but effectively leaves you no better off because First Choice has discounted only enough to ensure it is not advantageous for you to cancel.

They said you are happy with this. You have little choice but to be.

Travel agents boast of the value they can add, but it seems this does not extend to cancellation rights which are fairer to customers it they book on the internet. I have no doubt that you will check prices for, and probably book, your next holiday online.